DETAILED ACTION
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 9, 11, 12 and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rocque (US 2018/0292167).
Regarding claim 9, Rocque discloses a holder capable of holding a camera ([0057] - including cellular phone) and ballistic shield kit, comprising: a mount (3A) capable of mounting a camera including at least one attachment member ([0066] - portion connecting to (13)) capable of being configured to at least partially affix a removable camera to the mount, the mount comprising a fabric front layer (front of pocket 3A) at least partially attached to a self-reinforced composite backing layer (back of pocket 3A) delimiting a pocket space (at 4) disposed between the front layer and the backing layer with the front layer free from the backing layer along the top edge thereof; and a ballistic shield (3), wherein at least one material layer of the one or more material layers of the mount is attachable to a surface of the ballistic shield via one or more fasteners ([0045] - stitching). See Figs. 1-6.
Regarding claim 11, the pocket space is sized and capable of being configured to receive camera cabling or the camera therein. See Fig. 6.
Regarding claims 12 and 14, Rocque sufficiently discloses the claimed invention. See [0066].
Regarding claim 15, the backing layer is radiused to conform to the surface of the ballistic shield. See Figs. 1A and 6.
Regarding claim 16, the mount is integrated with the exterior surface of the ballistic shield. See Fig. 2A.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Rocque as applied above in further view of Bahu et al. (US 2017/0307339).
Regarding claims 13, Rocque does not disclose the fasteners as claimed. Bahu, which is drawn to a ballistic kit, discloses a mount (22) that includes magnets capable of securing a camera thereon. See [0029]-[0034]. Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to use magnets, as disclosed by Bahu, on the mount of Adams in order to further secure the camera in place. Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use the claimed fasteners, since it was known in the art that such fasteners can be used to further secure items.
Response to Arguments
Applicant’s arguments have been considered but are not persuasive. Applicant argues that Rocque does not disclose a “ballistic shield.” The Office respectfully disagrees. It is the Office’s position that a ballistic shield can be interpreted to be something that can shield someone from a ballistic. Rocque discloses such a shield at reference number (3) even as a ballistic vest. Applicant is advised to further structurally clarify the shield in the claims in order to overcome Rocque.
Next, applicant essentially argues that Rocque and Bahu are nonanalogous art. It has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, both Rocque and Bahu are in the field of the inventor’s endeavor as shields used to protect user from ballistics. Again, applicant is advised to further structurally clarify the shield in order to overcome Rocque.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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